Allowed

N. Navaneetha Krishnan v. the India Cements Ltd.

Kerala HC5 Sept 2018Crl.Rev.Pet/240/2015

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal revision petition regarding a cheque dishonour case under Section 138 NI Act. Following the settlement between parties and waiver of legal services fee, the Court granted permission to compound the offence under Section 147, leading to acquittal and discharge of bail bonds.

What did the court decide?

Permission to compound the offence under Section 147 of the Negotiable Instruments Act granted; conviction and sentence set aside; revision petitioner acquitted; bail bond discharged.

N. Navaneetha Krishnan Vs the India Cements Ltd. — Cheque Dishonour | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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WEDNESDAY,THE 05TH DAY OF SEPTEMBER 2018 / 14TH BHADRA, 1940

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Crl.Rev.Pet.No. 240 of 2015

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AGAINST THE ORDER/JUDGMENT IN CRA 92/2013 of I ADDL. SESSIONS COURT, ERNAKULAM DATED 22-09-2014

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AGAINST THE ORDER/JUDGMENT IN CC 2405/2003 of J.M.F.C.I,KOCHI

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REVISION PETITIONER/S:

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N. NAVANEETHA KRISHNAN AGED 48 YEARS S/O.NADESHA MUTHALIYAR, CHEPPILAMANTHITTA, KOTUMBU VILLAGE, PALAKKAD, KOTUMBU P.O.

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BY ADV. SRI. A. CHERIAN

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RESPONDENT/S:

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1 THE INDIA CEMENTS LTD.41/697, ICL HOUSE, KRISHNA SWAMY ROAD, KOCHI-35, REPRESENTED BY ITS ASSISTANT MANAGER (ACCOUNTS) AND POWER OF ATTORNEY HOLDER K.SREEDHARAN. 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY ADVS. SRI. P.R. AJITHKUMAR SRI. K. MANOJ CHANDRAN FOR R1

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OTHER PRESENT:

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E C BINEESH-PP

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.R.P. NO. 240 OF 2015

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ORDER

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CMA No. 1 of 2018 has been jointly filed by the revision petitioner and the first respondent, who is the complainant before the trial court, praying for granting permission to compound the offence and to record the composition.

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This Court as per order dated 5-9-2018 in Crl.M.A. No. 2 of 2018 waived the cost to be deposited by the revision petitioner before the Legal Services Authority as a condition precedent to grant permission to compound the offence as held by the Apex Court in Damodar S. Prabhu v. Sayed Babalal [2010 (2)KLT 587 (SC).

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The offence under Section 138 of the Negotiable Instruments Act, 1881 is compoundable under Sec. 147 of the Negotiable Instruments Act. Therefore, since the matter has been settled between the parties, it is only just and proper to grant permission to compound the offence. Accordingly, permission stands granted and the composition stands recorded, which is having the effect of acquittal under Section 320 (8) of the Code.

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CRL.R.P. NO. 240 OF 2015

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-3-

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In the result, this Revision Petition stands allowed setting aside the conviction and sentence passed by the courts below under Section 138 of the Negotiable Instruments Act and the revision petitioner stands acquitted for the said offence under Section 320 (8) of the Code. The bail bond of the revision petitioner stands discharged.

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The amount, if any, deposited by the revision petitioner before the trial court, pursuant to the direction of this court will be released to the first respondent herein as per the terms in Crl.M.A. No. 1 of 2018.

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Dated this the 5^th day of September, 2018.

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Sd/-. B.Sudheendra Kumar,

Judge.

ani/

/true copy/

P.S. to Judge

N. Navaneetha Krishnan v. the India Cements Ltd.

Case brief

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N. Navaneetha Krishnan v. the India Cements Ltd.

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